As used in this chapter, the following terms and phrases shall have the meanings ascribed to them in this section:
"Newsrack"
means any self-service or coin-operated box, container, storage unit or other dispenser, installed, used or maintained for the display and sale of newspapers or news periodicals.
"Parkway"
means that area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkway also includes any area within a roadway which is not open to vehicular travel.
"Roadway"
means that portion of a street improved, designed and ordinarily used for vehicular travel.
"Sidewalk"
means any surface provided for the exclusive use of pedestrians.
"Street"
means that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
(76-5)
No person shall install or maintain any newsrack which rests upon or projects onto the roadway of any public street.
No person shall install, use or maintain any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near such location, or when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery. The Public Works Director shall be required to assure that no newsrack violates these prohibitions.
(76-5)
A. 
Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway in the village area as shown on the map attached to Ordinance 76-5, on file in the City Clerk's office, shall comply with the following provisions:
1. 
No newsrack shall be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack, or to any permanently fixed object.
2. 
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein.
3. 
Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times.
B. 
The design, style, location and method of installation of all newsracks in such area must be in accordance with standards on file in the office of the Director of Public Works.
(76-5)
A. 
No more than eight newsracks shall be located on any public right-of-way within a space of two hundred feet in any direction within the same block of the same street; provided, however, that no more than sixteen newsracks shall be allowed on any one block. As used herein, "block" means one side of a street between two consecutive intersecting streets. This shall not limit the utilization of an individual newsrack in connection with a publication or distribution office within the City limits, such design, location and installation subject to approval by the Director of Public Works.
B. 
In determining which newsracks shall be permitted, the Director of Public Works shall be guided solely by the following criteria:
1. 
First priority shall be given to those newsracks existing on the public sidewalk or parkway as of February 10, 1976, except that racks will be limited to one per publication per location;
2. 
Second priority shall be given newsracks used for the sale of publications which have been adjudicated to be newspapers of general circulation for Los Angeles County, pursuant to the procedures set forth in Division 7, Article 2 of the State Government Code;
3. 
Third priority shall be given to newsracks used for the sale of daily publications (those published on five or more days in a calendar week) which have not been adjudicated to be newspapers of general circulation for Los Angeles County;
4. 
Fourth priority shall be given to newsracks used for the sale of weekly publications (those published on at least one but less than five days in a calendar week) which have not been adjudicated to be newspapers of a general circulation for Los Angeles County;
5. 
Fifth priority shall be given to newsracks for which the newspaper publisher demonstrates to the Director of Public Works that there is insufficient capacity in one newsrack at a particular location and a second rack is necessary.
(76-5)
Within thirty days after May 6, 1976, any person or other entity shall obtain an encroachment permit from the public works department for any newsrack installed on any public right-of-way of the City. Such permit shall contain the name, address and telephone number of the person or entity responsible for the maintenance of the newsrack.
(76-5)
Every person or custodian who places or maintains a newsrack on a public sidewalk or parkway in the City shall file a written statement with the City Clerk satisfactory to the City Attorney, whereby he or she agrees to indemnify and hold harmless the City, its officers, directors or employees from any loss or liability or damages, including expenses and costs, for bodily or personal injury and property damage sustained by any person as a result of the installation, use, maintenance, removal or storage of such a machine within the City.
(76-5)
In the event any newsrack installed pursuant to this chapter is not serviced with the publication it is designed to disseminate for a period of fourteen days, the City reserves the right to remove the same pursuant to the procedure set out in Section 12.28.090. For purposes of this section, abandonment shall include, but is not limited to, circumstances where no publication is in the rack for a period of fourteen days.
(76-5)
The Director of Public Works shall not be required to remove or cause the removal of any existing newsrack from a public sidewalk or parkway by reason of the failure of the owner to comply with the provisions of Section 12.28.030 until thirty days from the effective date of the ordinance codified in this chapter have first elapsed. The Director of Public Works is directed to send written notice as soon hereafter as practicable to the owners, occupiers and users of all existing news racks located on a public sidewalk or parkway in the City of the content of this chapter.
(76-5)
A. 
Any newsrack installed, used or maintained in violation of the provisions of this chapter may be summarily removed and stored in any convenient place by the Director of Public Works or his or her designated representative. Prior to removal he or she shall take reasonable steps to notify the owner thereof. Upon failure of the owner, following notice, to claim such newsrack and pay the expenses of removal and storage within thirty days after such removal, such newsrack shall be deemed to be unclaimed property in possession of the Public Works Department and may be disposed of pursuant to law.
B. 
In the case of violations of this chapter relative to restrictions upon attachments of newsracks to property other than that owned by the owner of the newsrack, to fixed objects or each other, and upon location of newsracks, the Director of Public Works or his or her designated representative may, as an alternative to removal under subsection A of this section, remove such attachment and/or move such rack or racks in order to restore them to a legal condition.
(76-5)